11—Acting judges and acting Associate Justices
(1) Where it appears
necessary or desirable to do so in the interests of the administration of
justice, the Governor may, subject to subsection (6)—
(a)
appoint a person who is qualified for appointment as a puisne judge as an
acting judge (either of the court or of the Court of Appeal); or
(b)
appoint a person who is qualified for appointment as an Associate Justice as
an acting Associate Justice.
(1a) A former judge or
Associate Justice who has retired from office is eligible for appointment as
an acting judge (of the court or of the Court of Appeal) or an acting
Associate Justice.
(1b) An appointment
under this section will be for a term not exceeding 12 months.
(2) The jurisdiction
of the court is exercisable by an acting judge to the same extent as by a
judge, and by an acting Associate Justice to the same extent as by an
Associate Justice.
(3) An acting judge or
acting Associate Justice has the same privileges and immunities as a judge or
Associate Justice.
(5) An acting judge or
an acting Associate Justice may, notwithstanding the expiration of the period
of his appointment, complete the hearing of any proceedings part-heard by him
before the expiration of that period and, in relation to any such proceedings,
shall be deemed to continue as an acting judge, or acting Associate Justice.
(6) A District Court
Judge or a Deputy President of the South Australian Civil and Administrative
Tribunal or of the South Australian Employment Tribunal may not be appointed
as an acting judge under subsection (1) except on the recommendation of
the Chief Justice made with the concurrence of the Chief Judge of the District
Court or of the President of the relevant Tribunal (as the case requires).